Court No. - 89

Case :- HABEAS CORPUS WRIT PETITION No. - 749 of

2020

Petitioner :- Kumari Radhika (Minor) And Another

Respondent :- State Of U.P. And 7 Others

Counsel for Petitioner :- Rajeev Pandey

Counsel for Respondent :- G.A.,Akhilesh Kumar Dwivedi

Hon'ble Ram Krishna Gautam,J.

Corpus- Kumari Radhika is present before the Court.

Corpus- Kumari Radhika was admitted to be of year 2018,

meaning thereby she is now aged about four years. The

petitioner No.2- Smt. Sonam is the mother of corpus but owing

to strained family relation, corpus is with her father, being

looked after by her grand-mother and her Tayi (elder mother).

Before Court, petitioner no.2 tried to take corpus in her lap but

she latently refused. In coercion, by way of delivery of corpus

to petitioner no.2, will cause mental trauma to corpus. No

doubt, a female child of such a tiny age may be looked after by

her mother only and for her proper development, mother is the

only competent for up-keeping of that child but the separation

in between petitioner no.2 and her husband is since long and the

corpus could not develop her faith, acquaintance or childhood

with her natural mother-petitioner no.2.

Delivery of possession of corpus to petitioner no.2 may cause

her psychological strain and trauma. There is no forceful

detention of corpus by her father. O.P. No.1 to 3 are the State

and its instrumentalities, having no concern with the matter and

writ of habeas corpus is not to be issued against them. In a

dispute with regard to guardianship or family matters, the

competent civil courts/family courts is to be recoursed. Uunder

above facts and circumstances, there is no illegal detention of

corpus.

Considering all those facts and circumstances, this writ petition

is being disposed off.

However, petitioner will have liberty to visit the house of O.P.

No.4 and meet the corpus- Kumari Radhika, whenever she

desires and corpus will not be harmed or endangered either by

petitioner no.2 or by opposite party no.4.

The Superintendent of Police of Muzaffar Nagar and

instrumentalities of police, is being directed to ensure that no

harm or injury to corpus is being made either by the petitioner

No.2 or by her father.

O.P. No.4 will never cause any injury, damage or insult to her-

petitioner no.2 while she visits corpus. In case of any defiance,

strict action may be taken by the Police Commissioner. Up

keeping of corpus is to be properly made by father-O.P. No.4

with whom corpus is there. Her education, upbringing or her

proper physiological development and medical fitness is to be

ensured by O.P. No.4.

Order Date :- 18.5.2022

Shivangi

Digitally signed by SHIVANGI

YADAV

Date: 2022.05.20 18:13:46 IST

Reason:

Location: High Court of Judicature at

Allahabad